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SECOND STATEMENT OF JOINT PRINCIPLES AND ACTIONS
WHEREAS, this Second Statement of Joint Principles and Actions (Second Statement), dated this
20th day of February, 2013, is intended to extend and augment the Statement of Joint Principles and
Action (First Statement) entered in 2003 among named Arkansas and Oklahoma Environmental
Agencies, which with the addition of the Oklahoma Conservation Commission and Oklahoma
Department of Agriculture, Food and Forestry, are herein after referred to as the "Paliies"; and
WHEREAS, the States of Arkansas and Oklahoma share a common goal of improving water
quality in the designated Scenic Rivers;
WHEREAS, in an effort to avoid costly and protracted litigation and administrative proceedings
which would further strain relationships between the two States and distract from cooperative effolis
needed to protect and improve water quality in the designated Scenic Rivers, the two States entered into a
Statement of Joint Principles and Actions in 2003 (the "First Statement");
WHEREAS, under the First Statement, both states agreed to undertake intel'im actions designed
to improve river clarity and substrate quality in the designated Scenic Rivers and their Watersheds
including substantial upgrades to wastewater treatment plants and the development and implementation of
regulations restricting the lise of nutrients to fertilize lands within the Scenic River Watersheds lands;
WHEREAS, Oklahoma agreed in the First Agreement to re-evaluate, by 2012, the 0.037 mglL
Numeric Phosphorus Criterion based on the best scientific information available.
WHEREAS, the two States believe it is in their best interests to continue to work cooperatively to
protect and improve water quality in the designated Scenic Rivers and to avoid costly and protracted
litigation and administrative proceedings which would further strain relationships between the two States
and distract from those cooperative efforts.
NOW THEREFORE, the Parties enter Into this Second Statement of Joint Principles and Actions.
THREE YEAR EXTENSION OF COMMITMENTS
For a period of three years commencing February 20, 2013 and ending February 20, 2016 (the
"Telm"). the Parties make the following commitments:
The States. through the appropriate Parties, will continue to require existing point source
dischargers to the Illinois River Watershed with a design capacity of greater than I MOD to operate under
existing National Pollutant Discharge Elimination System ("NPDESIf) permits reflecting an effluent limit
for total phosphorus of not more than lmglL based upon a 30 day average, assuming the U.S.
Environmental Protection Agency does not object. Oklahoma's law prohibits increased loading fi'om
existing dischargers and the permitting of new dischargers in Oklahoma into its Scenic River watersheds;
existing dischargers may expand and new dischargers may be permitted in Arkansas provided that the
cumulative permitted loading of phosphorus (in pounds per day) in the watersheds of any of the six
Scenic Rivers will not be increased during the Term of this Second Statement.
The States, through the appropriate Palties, will continue implementation and enforcement of
regulations governing the use of nutrients to fertilize lands within the designated Scenic River
Watersheds. Subject to the limitations of the Parties to bind their respective legislatures, the Parties shall
not seek to modifY CUITent law or regulations governing the use of nutrients to fertilize lands unless the
IIPagc

SECOND STATEMENT OF JOINT PRINCIPLES AND ACTIONS
WHEREAS, this Second Statement of Joint Principles and Actions (Second Statement), dated this
20th day of February, 2013, is intended to extend and augment the Statement of Joint Principles and
Action (First Statement) entered in 2003 among named Arkansas and Oklahoma Environmental
Agencies, which with the addition of the Oklahoma Conservation Commission and Oklahoma
Department of Agriculture, Food and Forestry, are herein after referred to as the "Paliies"; and
WHEREAS, the States of Arkansas and Oklahoma share a common goal of improving water
quality in the designated Scenic Rivers;
WHEREAS, in an effort to avoid costly and protracted litigation and administrative proceedings
which would further strain relationships between the two States and distract from cooperative effolis
needed to protect and improve water quality in the designated Scenic Rivers, the two States entered into a
Statement of Joint Principles and Actions in 2003 (the "First Statement");
WHEREAS, under the First Statement, both states agreed to undertake intel'im actions designed
to improve river clarity and substrate quality in the designated Scenic Rivers and their Watersheds
including substantial upgrades to wastewater treatment plants and the development and implementation of
regulations restricting the lise of nutrients to fertilize lands within the Scenic River Watersheds lands;
WHEREAS, Oklahoma agreed in the First Agreement to re-evaluate, by 2012, the 0.037 mglL
Numeric Phosphorus Criterion based on the best scientific information available.
WHEREAS, the two States believe it is in their best interests to continue to work cooperatively to
protect and improve water quality in the designated Scenic Rivers and to avoid costly and protracted
litigation and administrative proceedings which would further strain relationships between the two States
and distract from those cooperative efforts.
NOW THEREFORE, the Parties enter Into this Second Statement of Joint Principles and Actions.
THREE YEAR EXTENSION OF COMMITMENTS
For a period of three years commencing February 20, 2013 and ending February 20, 2016 (the
"Telm"). the Parties make the following commitments:
The States. through the appropriate Parties, will continue to require existing point source
dischargers to the Illinois River Watershed with a design capacity of greater than I MOD to operate under
existing National Pollutant Discharge Elimination System ("NPDESIf) permits reflecting an effluent limit
for total phosphorus of not more than lmglL based upon a 30 day average, assuming the U.S.
Environmental Protection Agency does not object. Oklahoma's law prohibits increased loading fi'om
existing dischargers and the permitting of new dischargers in Oklahoma into its Scenic River watersheds;
existing dischargers may expand and new dischargers may be permitted in Arkansas provided that the
cumulative permitted loading of phosphorus (in pounds per day) in the watersheds of any of the six
Scenic Rivers will not be increased during the Term of this Second Statement.
The States, through the appropriate Palties, will continue implementation and enforcement of
regulations governing the use of nutrients to fertilize lands within the designated Scenic River
Watersheds. Subject to the limitations of the Parties to bind their respective legislatures, the Parties shall
not seek to modifY CUITent law or regulations governing the use of nutrients to fertilize lands unless the
IIPagc